MPs pass anti-homosexuality bill, 2023, awaits presidential assent

Parliament has unanimously passed the Anti-Homosexuality Bill, 2023 that will see anyone engaging in acts of homosexuality facing 20 years in jail.

The Bill, if assented to by the President also proposes a death penalty for any one engaging in aggravated homosexuality.

The Bill that was passed by Parliament on March 21, now awaits Presidential assent into law.

The Private Member’s Bill was introduced by Bugiri Municipality Member of Parliament, Hon. Asuman Basalirwa 09 March 2023.

The provisions embedded in the Bill seek to protect the traditional family by prohibiting any form of sexual relations between persons of the same sex and promotion of such acts.

The Bill also seeks to address the gaps of other laws in Uganda including the Penal Code Act, Cap 120, as well as supplement provisions of the Constitution by criminalizing same sex acts.

While considering the Bill, legislators agreed to a penalty of shs1 billion imposed on a legal entity convicted of promoting homosexuality.
The Bill proposes a life sentence in prison for an individual convicted of committing the offence of homosexuality, whereas attempt to perform the act would attract a seven year prison term.

The Bill provides for a three year imprisonment for a child convicted of the act of homosexuality which is in line with section 94(1) (g) of the Children Act, Cap 120.

The Chairperson of the Legal and Parliamentary Affairs Committee, Hon. Robina Rwakoojo said that whereas homosexuality already exists in Uganda’s law books under the Penal Code, there is need to redefine the law and place emphasis on emerging matters that are not contained in the Penal Code Act.
“These acts include promotion of homosexuality and the recruitment of children into homosexuality which have been blamed for the rising incidents of homosexuality in Uganda,” Rwakoojo said.

Odoi said that the Bill was a duplication of provisions that exist in other laws.
“It is therefore, the position of the minority that the provisions of the Bill, if passed into law will infringe on the rights of Ugandans specifically freedom of expression, association and liberty…” Odoi Oywelowo said.

The State Minister for Defence, Hon. Jacob Oboth said the Bill was in the right direction and restored hope to Ugandans in protection of the country’s heritage.
“The Penal Code that was put in place in 1923 is almost 100 years old and is obsolete. Is the Penal Code protecting the intentions of our fore fathers who crafted it at the time?” Oboth said.

The speaker of Parliament Hon. Anita     Among said that the norms and aspirations of the people of Uganda remain supreme and that the House legislates for the citizens.